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F I S C A L I M P A C T R E P O R T

SPONSOR Crook

DATE TYPED 3-8-05

HB HM 50

SHORT TITLE Ban Junk Food From House of Representatives

SB

ANALYST Collard

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SB 794, HB 61, HB 62, SB 10, SJM 2, SB 295, HB 681, SB 595, SB 525, and SB 273

SOURCES OF INFORMATION

LFC Files

National Health and Nutrition Examination Survey

NM Youth Risk and Resiliency Survey

Behavioral Risk Factor Surveillance System

Responses Received From

Department of Health (DOH)

SUMMARY

Synopsis of Bill

House Memorial 50 proposes to ban junk food from the roundhouse and encourage members of

the House of Representatives to serve as positive role models for children. Portions of this pro-

posal mirror similar proposals to limit sales of unhealthy foods in schools. The memorial would

prohibit both the sale and consumption of junk food in the roundhouse vending machines and

coffee shops, and provides for consequences, including fines and rehabilitation programs, if

members of the House are found to be in possession of banned foods.

Significant Issues

DOH research indicates, during the past two decades the nationwide rates of overweight for chil-

dren ages 6-11 has doubled to 15 percent and for adolescents aged 12-19 has tripled to 15 per-

cent based on directly measured heights and weights. Self-reported survey data for New Mexico

House Memorial 50 -- Page 2

indicate that at least 10.2 percent of high school students are overweight; with an additional 13.3

percent at risk for overweight, and 57 percent of New Mexico adults are now overweight or

obese.

DOH has identified obesity as one of its top five health priorities, as a result of statewide meet-

ings in 2004 with stakeholders who participated in this identification process. These stake-

holders, along with a steering committee currently advising the development of a statewide obe-

sity plan, identified the importance of state political leaders introducing policies that promote

healthier school and work environments.

DOH notes because most of the foods targeted by the memorial are high in calories and fat and

low in nutrition, it would be a health benefit to replace them with more nutritious options. Hav-

ing more nutritious options available in snack machines and coffee shops would help legislators

develop better eating and snacking habits.

FISCAL IMPLICATIONS

There is no fiscal implication associated with this memorial.

RELATIONSHIP

House Memorial 50 relates to House Bill 794, which appropriates money to DOH for FY06 to

provide programs to improve nutrition and physical activity in schools and communities to pre-

vent obesity in children and youth; House Bill 61 and House Bill 62, introduced on behalf of the

Legislative Education Study Committee in response to House Memorial 28 of the 2004 legisla-

tive session, House Bill 61 addresses the nutrition standards for schools, while House Bill 62 ad-

dresses physical activity; Senate Bill 10 which appropriates $50 thousand for a study and rec-

ommendations for current nutritional offerings in public schools, restricting the sale of junk food,

developing a curriculum for promoting healthy physical activity, and assessing financial impact

on public schools; Senate Joint Memorial 2, which proposes DOH and the Public Education De-

partment work collaboratively to make recommendations to increase the physical activity and

improve the eating habits of youth; Senate Bill 295, which proposes to establish nutritional stan-

dards and standard portion sizes for competitive foods and beverages sold and distributed in pub-

lic and charter schools; House Bill 681 and its duplicate, Senate Bill 595, which propose to cre-

ate the Student Wellness Fund and enable the legislature to appropriate monies to the fund for

school based health centers and child nutrition and wellness education activities; Senate Bill 525,

which creates a Nutrition Council that would develop and/or recommend nutrition education

programs for food stamp recipients, all state institutions, medical students, and others; and Sen-

ate Bill 273, which creates a Nutrition and Food Safety Division to develop public education

programs and campaigns on health, nutrition and ideal weight maintenance.

TECHNICAL ISSUES

DOH suggests the memorial would benefit from a definition for “junk food” and “junk food re-

habilitation program”. The use of state police officers to confiscate junk food from members of

the House may not be appropriate or feasible. Additionally, the memorial does not indicate who

would collect the proposed fines or what the revenues would be used for.

House Memorial 50 -- Page 3

OTHER SUBSTANTIVE ISSUES

DOH indicates the memorial would take a punitive approach to improving the diets and health of

members of the House, and would require the state police to be vigilant in terms of spotting con-

traband in the roundhouse and apprehending those suspected of possession.

ALTERNATIVES

DOH suggests maintaining the provisions in the memorial regarding banning the sale of junk

food in the round house, including vending machines and coffee shops, which would be consis-

tent with supporting a healthier work environment. Additionally, DOH suggests eliminating the

provisions in the memorial regarding possession or consumption of junk food, including any

penalties to members of the House (i.e., fines, community service, rehabilitation program, of-

fender registry) for possessing unhealthy snack items. These measures are not evidence-based

and could create a punitive environment that might be counter-productive to the intended health

status outcomes.

KBC/rs